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Cloud Mining Terms of Use

The present document ("Agreement") sets out the rights and responsibilities of the Xive Shared Mining Platform ("Xive,"we", "us", "our") and the Client ("you", "user", "your") regarding the services, products, and content ("Services") provided by Xive and/or the Xive Shared Mining Website ("Website"). By accessing the Website and Services, you agree to all the terms and conditions laid out by the Agreement. If you do not agree with some or all of the terms of the Agreement, you should not use any of the Service.

1. CHANGES AND MODIFICATIONS

1.1. Xive reserves the right to amend, update, or modify the Agreement at any moment at its sole discretion and without prior notice. Any changes and updates will come into effect from the moment of publication of the amended version of the Agreement on the Website. You are responsible for reviewing the Agreement from time to time to get acquainted with any changes. By continuing to use the Website and Services, you agree to all the changes and modifications to the Agreement introduced by Xive.

1.2. If you do not agree to any of the modifications, you must stop using the Services immediately and notify the Xive customer service of the termination. If any of the Services ordered and paid by you are left incomplete or not provided in their entirety once your use of the Services is terminated, Xive will not be obliged to complete, finalize, or provide them.

1.3. Severability: if any of the clauses in this Agreement is deemed to be invalid, unlawful, or unenforceable, it will be considered severable and will not affect the rest of the clauses.

1.4. Settlement of disputes and applicable law: any disputes, conflicts of interest, claims or disagreements arising out of this Agreement or Services are to be settled by the Parties by means of negotiation. If the Parties fail to settle any dispute or disagreement by means of negotiation within 30 (thirty) calendar days from the date of its origination, any Party shall be entitled to apply a claim to the First Economic Arbitration in accordance with the legislation of the Republic of Kazakhstan. All disputes, disagreements and claims arising from or in connection with this Agreement and/or Services, including those related to the conclusion of the Agreement, its modification, execution, violation, suspension, interpretation, termination and validity, are subject to resolution in accordance with the legislation of the Republic of Kazakhstan in the permanent First Economic Arbitration, BIN 160840015206, legal address: Republic of Kazakhstan, Nur-Sultan city, Baikonyr district, Amangeldi Imanov street, house 19, office 813A. The number of arbitrators must be 1 (one). The arbitrator is appointed by agreement of the Parties. If the Parties have not agreed on the appointment of an arbitrator within 3 (three) working days from the date of submission of the dispute to the First Economic Arbitration, the Parties have agreed that the election of the arbitrator for the resolution of the submitted dispute shall be entrusted to the First Economic Arbitration in accordance with the Rules (regulations) of the First Economic Arbitration. The decision of the First Economic Arbitration is final and binding for the Parties of this Agreement, also it is not subject to appeal. The arbitration proceedings are conducted in English with the participation of the Parties via online video conferencing. The Parties confirm that they are familiar with and agree with the Rules of the First Economic Arbitration in person or from the website: www.arbitrsud.kz . The Rules of the First Economic Arbitration are an integral part of this arbitration clause.

2. REGISTRATION AND ACCESS

2.1. By registering on the Website and accessing the Services, you hereby acknowledge, ascertain and guarantee that:

2.2. Xive is not responsible for any breach, loss or damages that may occur as a result of the User’s non-compliance with any of the requirements indicated in clause 2.1 of the Agreement.

2.3. If any of the applicable legislation in your country of residence or citizenship changes so as to make your use of the Services illegal, or if your use of the Services begins to violate your legal or contractual obligations to a third party, you must stop using the Services at once and notify the Xive customer service team. If any of the Services ordered and paid by you are left incomplete or not provided in their entirety once your use of the Services is terminated, Xive will not be obliged to complete, finalize, or provide them.

2.4. If any of the personal information provided by you during registration changes, you must amend it at once or notify the Xive customer service team of the changes.

2.5. If any of the information provided during registration is found to be incomplete, inaccurate, untrue, or outdated, Xive reserves the right to suspend your account and restrict your use of the Services for as long as required for you to amend your information. In case of your failure to do so, Xive may block (temporarily or permanently) or terminate your account.

2.6. You may open no more than 1 (one) account on Xive. If we find that you have more than one account, we may suspend, restrict, block, or terminate some or all of your accounts.

2.7. Xive reserves the right to demand that you provide personally identifiable information, such as your name, address, and phone number, for the purposes of compliance with the applicable KYC and anti-money laundering legislation. In case of your failure to provide the requested information, Xive may block (temporarily or permanently) or terminate your account.

2.8. Your login credentials (username and password) are required to access the Services. If you lose your credentials, Xive reserves the right to request that you provide additional information to verify your identity as the owner of the account, including (but not limited to) your name, surname, residence address, phone number, email address. Further, Xive may request proof of your activity on the Website, such as the IDs and amounts of your recent transactions, deposits, and withdrawals.

2.9. You are responsible for the safe storage of your login credentials. You must not share your username or password with any third party. If you suspect that your credentials may have been disclosed to, or acquired by, an unauthorized third party, you must notify the Xive customer service team immediately. Xive will not be liable for any damage, losses, or costs sustained as a result of unauthorized access to your account by a third party.

2.10. Xive reserves the right to reject any order for the purchase of a shared processing power plan ("Plan") submitted by you. Only if your order is accepted, Xive will generate a binding agreement for shared use of processing power ("Shared Mining Contract"). Any order is to be considered pending until accepted or rejected by Xive.

3. XIVE SHARED MINING SERVICES

3.1. Xive acts as an intermediary between you and mining pools. You can point the purchased shared mining power to any pool that you want. The default option for a mining pool is the Xive pool. If you choose any other pool, you can verify the performance and revenue associated with the mining power you purchased in real-time on the website of your chosen pool. Information about recommended pools can be found in the FAQ section of the website.

3.2. Any mining revenue produced by your shared mining contract will be distributed to you by the mining pool. Xive is not responsible for, and has no control over, the distribution of mining revenue by third-party pools and will not be liable for a third-party pool's failure to pay you any rewards due.

3.3. The mining pool (both the Xive pool and third-party pools) will charge you a service fee, levied on your mining revenue. Xive is not responsible for and has no control over, the fees charged by third-party pools.

3.4. Xive does not provide any guarantees that you will earn mining revenue. Mining proceeds are dependent on a number of factors, including mining difficulty, the pool's luck, cryptocurrency market conditions and prices, services fees charged by the pool, etc. Therefore, any information on potential yields and rewards published on the Website must be considered as an estimate. Xive will not be liable for any losses, damage, costs, or missed gains sustained in case the actual mining revenue differs from the projections on the Website.

4. PAYMENT CONDITIONS, PLACING ORDERS AND REFUNDS

4.1. The payment is made during the purchase process of the Services. All payment options are displayed at the checkout with their respective equivalents in U.S. dollars.

4.2. Xive does not provide any serial numbers, purchase agreements and/or invoices. Upon the receipt of your payment, Xive customer service team will send a confirmation email stating that the payment was received.

4.3. You bear full responsibility for the accuracy of the payment. Xive will not be liable for any losses, damage, or costs that may result if you enter incomplete or incorrect data when making a payment, such as a wrong address or amount.

4.4. If you transfer a smaller amount of payment than what is required by the terms of the Services, Xive may refuse to start and activate the Services until you have transferred the remainder of the payment. Conversely, if you transfer a larger amount of payment than what is required by the terms of the Services, Xive may add the excess to your account balance to correspond to the payment already made.

4.5. If you decide not to complete your order, you can do so as long as you have not yet transferred the payment. After a certain period of time (as determined by Xive) your order will be classified as "timeout" and will not be processed. You will not suffer any penalty for not completing the order.

4.6. It can take a significant amount of time (sometimes more than 24 hours) for your payment to be confirmed on the system. Xive reserves the right to delay the start and the activation of the Services until your payment has been confirmed.

4.7. In case of any disputes regarding payments, you must contact the Xive support team within 14 (fourteen) calendar days after submitting the payment and provide proof of payment. Such proof can consist of the Xive order number, transaction ID, amount, payment system addresses of the sender and the recipient, and/or an account statement, depending on the payment option used. Xive reserves the right to refuse to process any payment-related complaints submitted later than 14 (fourteen) calendar days after executing the payment.

4.8. The prices of the Services and Plans are final and non-refundable under any circumstances.

4.9 Xive reserves the right to adjust the prices of the Services and Plans at any moment and at its sole discretion. Plans that are already active will not be affected. If the price of a plan you have purchased is lowered, you are not entitled to any compensation for the difference.

5. PRICING OF XIVE SHARED MINING PLANS

Make sure to read the terms of the specific shared mining plan ("Plan") before purchasing it. A Plan can include two types of service charges:

Xive reserves the right to adjust the prices of individual plans, their hashrate, and electricity charges from time to time in accordance with the changes in the total hashrate of the network, mining difficulty, and cryptocurrency prices. Any Plans already purchased will not be affected by fee adjustments.

6. RISKS

By accessing the Services, you acknowledge and agree to the following:

By using the Services, you declare and guarantee that you have a sound theoretical and practical understanding of cryptocurrency mining and its associated risks. Xive will not be liable for any loss, damage, costs, or lost gains that can arise as a result of your lack of understanding, knowledge, or experience with cryptocurrency, blockchain, and mining. Xive is not responsible for any risks indicated in clause 6 of this Agreement and any damages and/loss as a result of such risks. Xive is not liable for any circumstances that occur as a result of actions or inactions of third parties.

7. USER'S OBLIGATIONS

Xive is not responsible for any loss or damages that may occur as a result of the User’s non-compliance with any of their obligations indicated in clause 7 of the Agreement. You hereby acknowledge, declare and guarantee that:

8. TERMINATION OF SERVICE

8.1. Xive reserves the right to suspend or terminate your account and your active Plans if you violate any of the terms of this Agreement, or if we have reasonable grounds to believe that you have used the Services to conduct illegal activity or commit fraud.

8.2. If your actions lead to damage or additional costs for Xive (including its employees and management, partners, associates, subsidiaries, affiliates, or successors), including, but not limited to, fines, claims, losses, reputational damage, attorney fees, court fees etc., you will be obliged to reimburse Xive for these losses or costs.

8.3. Xive will not be held liable for any damage, loss, costs, lost profits, loss or damage of information etc. that can result from you breaching any of the terms of this Agreement.

9. LIMITATION OF LIABILITY

9.1. Xive does not provide any guarantees that the hashrate included in your Plan will remain stable throughout the Plan's duration. The Plan features an estimated average, while the actual hashrate will fluctuate.

9.2. The computing power plan provided by Xive corresponds to real computing power. The fluctuation of real computing power is inevitable. Xive does not promise that it will run 100% stably. Xive will not compensate for any other situations (including but not limited to: cryptocurrency price, inherent attribute change of cryptocurrency, the network difficulty, lucky value of mining pool, service fee ratio of the mining pool, etc.).

9.3 If the hashrate falls to zero for reasons that lie outside of our direct control but could nevertheless be avoided (including, but not limited to, technical problems on the side of the mining pool, mining hardware outages, server downtime, local electricity outages, etc.), we will increase the duration of your Plan by a corresponding amount. Thus, if the hashrate remains at zero for two hours, we will adjust the duration of the Plan by two hours. The exact time to be compensated for will be calculated based on the hashrate data in your dashboard.

9.4. Xive will not be liable for any lost gains, damage, or costs that may arise if the hashrate falls to zero for reasons that lie completely outside of our control (force majeure), such as war, natural disasters, actions taken by the government, major power outages, strikes, or civil unrest. In such cases, the duration of your Plan will not be adjusted.

9.5. The Website may contain third-party links. Xive is not responsible for the contents of the web pages to which such third-party links refer and does not provide any guarantees that such web pages are safe. Xive will not be liable for any losses or damage that can arise from you accessing such pages via the third-party links on the Website.